Archive, Iran v. Boston, City of - Police Department (SPR 20260176)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 2, 2026 SPR26/0176 Christine O’Donnell, Esq. Records Access Officer Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Iran Archive (requestor) appealing the response of the Boston Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 28, 2025, the requestor sought the following records related to “the death of [an identified individual] which occurred on or about January 4, 2011”: [1] The full Police Incident Report (Form 1.1. or equivalent)[;] [2] Any notes regarding a “Last Will and Testament” or “Suicide Note” found at the scene[;] [3] The Cremation Authorization Form signed by the next of kin. The Department provided responses on December 28, 2025 and January 16, 2026, assigning the request reference number B003701-122825. Unsatisfied with the responses, the requestor petitioned this office and this appeal, SPR26/0176, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Christine O’Donnell, Esq. SPR26/0176 Page 2 February 2, 2026 Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s December 28th and January 16th Responses In its December 28, 2025 response, the Department acknowledged receipt of the request. In its January 16, 2026 response, the Department stated, “[i]n response to your request, a comprehensive search was completed with the information provided in your request. We were unable to find responsive documents.” Current Appeal In the requestor’s January 19, 2026 appeal to this office, the requestor stated, “[t]he Department claimed they were ‘unable to find responsive documents’ regarding the death investigation of [an identified individual]. This claim constitutes a ‘constructive denial’ and it factually contested…” Based on requestor’s petition and the Department’s response, it is unclear whether the Department possesses responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Consequently, the Department must clarify whether it possesses records responsive to the request. Conclusion Accordingly, the Department is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. The requestor may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Christine O’Donnell, Esq. SPR26/0176 Page 3 February 2, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Iran Archive